AP and EAD question

O

origin72

Registered Users (C)
Hi,

My wife and I have filed for our concurrent I-140/I-485. My wife is the primary applicant and I am filing as a dependent.

We filed on Dec 10, 2003. We got our EAD and AP approved about 2-3 weeks back.

Her I-140 is still pending.

We came to the US 3 years back and didnt go out of the country. From then to now, I have changed two H-1's and my wife changed her status from H-4 to H-1.

We have our I-94's which are valid. But the stamps on our passports (mine H-1 and my wife's H-4) expired in October 2003.

Now, we have to travel to Canada in July 2004.

I have the following questions:

1. Would I have to use my Advance Parole to enter into the country?

2. If I want to use our current H-1's, would I have to get stamping done from Canada to enter back into the US?

3. Does using the Advance Parole mean, we change our status from H-1 to "Waiting for I-485" which implies that we have invalidated our H-1?

Please advice.

Thanks.
 
origin72 said:
Hi,

My wife and I have filed for our concurrent I-140/I-485. My wife is the primary applicant and I am filing as a dependent.

We filed on Dec 10, 2003. We got our EAD and AP approved about 2-3 weeks back.

Her I-140 is still pending.

We came to the US 3 years back and didnt go out of the country. From then to now, I have changed two H-1's and my wife changed her status from H-4 to H-1.

We have our I-94's which are valid. But the stamps on our passports (mine H-1 and my wife's H-4) expired in October 2003.

Now, we have to travel to Canada in July 2004.

I have the following questions:

1. Would I have to use my Advance Parole to enter into the country?

2. If I want to use our current H-1's, would I have to get stamping done from Canada to enter back into the US?

3. Does using the Advance Parole mean, we change our status from H-1 to "Waiting for I-485" which implies that we have invalidated our H-1?

Please advice.

Thanks.
Click to expand...

1. Since you dont have H1 stamped in your passport, i would suggest you to use Advance Parole to enter into the country at POE.

2. I am not sure if u could get your current H1 stamped in canada, wait for more replies.

3. By using H1 your status will not change, meaning you could still continue working on H1 and get it extended if necessary.
 
Hi,

I don't think I will get stamping done in Canada which means that I will have to use my AP to enter in the US.

Considering that option, can I continue to work on my current H-1? Or is that invalidated because I used AP to enter and dont have a valid H-1 stamp on my passport?

Also, do I have to carry the original I-485 receipt with me if I travel outside the US?
 
origin72 said:
Hi,

I don't think I will get stamping done in Canada which means that I will have to use my AP to enter in the US.

Considering that option, can I continue to work on my current H-1? Or is that invalidated because I used AP to enter and dont have a valid H-1 stamp on my passport?

Also, do I have to carry the original I-485 receipt with me if I travel outside the US?
Click to expand...

You could continue to work on a valid H1 even if u enter using AP at POE. Your status will remain as it was.
 
Thanks for the reply.

I had a few more questions:

1. If at any point myself or my wife (primary applicant) change to using our EAD, does it change the status of the other also to "AOS"?

2. For our travel to Canada, do we require to carry the original I485 receipts ?

3. Do we need transit visas for Canada?
 
origin72 said:
Thanks for the reply.

I had a few more questions:

1. If at any point myself or my wife (primary applicant) change to using our EAD, does it change the status of the other also to "AOS"?

2. For our travel to Canada, do we require to carry the original I485 receipts ?

3. Do we need transit visas for Canada?
Click to expand...

1. Using EAD really means that you have filed an I9 with your employer, which your employer has to just keep for his records. You don't have to inform BCIS until asked about it. So your status does not change with EAD. Your will be in AOS status since your I485 is pending.

2. I dont think its necessary, but there is nothing wrong in carrying it. If you are using AP at POE they do not ask many documents. When i was travelling they just took the AP and the passport and did not ask anything else, but i had my EAD with me just in case.

3. If you are going to Canada for a visit you will need a visitors visa. I am not sure about transit visa for Canada if you travelling through canada.
 
You must log in or register to reply here.
Top